Chapter 26 — Executive

PART I. ORGANIZATION, GENERALLY §26-1 Office of the lieutenant governor. (a) Except as otherwise provided by law, the lieutenant governor is designated the secretary of state for intergovernmental relations and shall perform the duties and functions heretofore exercised by the se…

§26-10 Department of taxation. (a) The department of taxation shall be headed by a single executive to be known as the director of taxation. (b) The department shall administer and enforce the tax revenue laws of the State and collect all taxes and other payments payable thereund…

§26-11 University of Hawaii. (a) The University of Hawaii shall be headed by an executive board to be known as the board of regents. The board shall consist of eleven members. At least one member shall be a University of Hawaii student at the time of the initial appointment. The …

§26-12 Department of education. (a) The department of education shall be headed by an executive board to be known as the board of education. (b) Under policies established by the board, the superintendent shall administer programs of education and public instruction throughout th…

§26-13 Department of health. (a) The department of health shall be headed by a single executive to be known as the director of health. The department shall administer programs designed to protect, preserve, care for, and improve the physical and mental health of the people of the…

§26-14 Department of human services. (a) The department of human services shall be headed by a single executive to be known as the director of human services. (b) The department shall administer programs through an integrated and multigenerational approach designed to improve the…

§26-14.5 REPEALED. L 1989, c 211, §11.

§26-14.6 Department of corrections and rehabilitation. (a) The department of corrections and rehabilitation shall be headed by a single executive to be known as the director of corrections and rehabilitation. (b) The department of corrections and rehabilitation shall be responsib…

§26-15 Department of land and natural resources. (a) The department of land and natural resources shall be headed by an executive board to be known as the board of land and natural resources, except for matters relating to the state water code where the commission on water resour…

§26-16 Department of agriculture and biosecurity. (a) The department of agriculture and biosecurity shall be headed by an executive board to be known as the board of agriculture and biosecurity. The board shall consist of ten members: The majority of the members of the board desc…

§26-17 Department of Hawaiian home lands. The department of Hawaiian home lands shall be headed by an executive board to be known as the Hawaiian homes commission. The commission shall be composed of nine members. The appointment, tenure, and removal of the members and the fillin…

§26-18 Department of business, economic development, and tourism. (a) The department of business, economic development, and tourism shall be headed by a single executive to be known as the director of business, economic development, and tourism. The department shall undertake sta…

§26-19 Department of transportation. (a) The department of transportation shall be headed by a single executive to be known as the director of transportation. The department shall establish, maintain, and operate transportation facilities of the State, including highways, airport…

§26-2 Order of succession to offices of governor and lieutenant governor. (a) When the office of lieutenant governor is vacant by reason of the lieutenant governor's becoming governor, or the lieutenant governor's failure to qualify, or the lieutenant governor's removal from offi…

§26-20 Department of labor and industrial relations. The department of labor and industrial relations shall be headed by a single executive to be known as the director of labor and industrial relations. The department shall administer programs designed to increase the economic se…

§26-21 Department of defense. (a) The department of defense shall be headed by a single executive to be known as the adjutant general. The adjutant general shall also be the director of the Hawaii emergency management agency as established in section 127A-3. The department shall …

§26-22 Transfer of functions. Whenever the functions of a previously existing department, office, or other agency are transferred to any department established by this chapter, the newly established department shall succeed to all of the rights and powers exercised, and all of th…

§26-23 Assignment of functions. Any executive or administrative function of the state government that may not have been allocated to a principal department by this chapter shall be assigned by the governor to that department which the governor deems can most appropriately and eff…

§26-24 Agencies and offices abolished. The following agencies and offices and their respective boards and commissions as heretofore constituted are abolished: board of commissioners of agriculture and forestry, bureau of the budget, commission on children and youth, economic plan…

§26-3 Position of administrative director created. The governor shall appoint, and may remove, an administrative director, without regard to chapter 76. The administrative director shall be experienced in the operations of government. The administrative director shall assist the …

PART II. OTHER GENERAL PROVISIONS §26-31 Selection and terms of single executives as heads of departments. Except as otherwise provided by the Constitution of the State or by this chapter, each principal department shall be headed by a single executive, who shall be nominated and…

§26-32 Acting heads of departments; appointment of; responsibility for acts of. Any officer for the performance of whose duties in his absence or illness no other provision is made by law, may, with the approval of the governor, designate some other officer in his department, bur…

§26-33 Performance of duties of vacant office. In the event of a vacancy in any office for which the governor has the power of appointment or nomination, the governor may designate some other officer or employee of the State to perform the duties of the vacant office until the of…

§26-34 Selection and terms of members of boards and commissions. (a) The members of each board and commission established by law shall be nominated and, by and with the advice and consent of the senate, appointed by the governor. Unless otherwise provided by this chapter or by la…

§26-35 Administrative supervision of boards and commissions. (a) Whenever any board or commission is established or placed within or transferred to a principal department for administrative purposes or subject to the administrative control or supervision of the head of the depart…

§26-35.5 Members of boards and commissions; immunity from or indemnification for civil liability; defense of members. (a) For purposes of this section, "member" means any person who is appointed, in accordance with the law, to serve on a temporary or permanent state board, includ…

§26-36 Acting members of boards. The governor may appoint an acting member of any state board or commission to serve during the temporary absence from the State or the illness of any regular member thereof. The acting member shall, during the acting member's term of service, have…

§26-37 Substitutes for officials called into active service. The head of any department or bureau of the State may employ such temporary assistants, subordinates, or employees as may be necessary in case any such head or any assistants, subordinates, or employees are called into …

§26-38 Powers and duties of heads of departments. Except as otherwise provided by this chapter, every power and duty conferred by law and required to be performed by any officer, board, department, bureau, commission, administrative agency, or instrumentality of the State existin…

§26-39 Department staffs. Except as otherwise provided by this chapter and with the approval of the governor, the head of a department may establish or abolish any subordinate office or position, transfer officers and employees between positions, appoint and remove any subordinat…

§26-4 Structure of government. Under the supervision of the governor, all executive and administrative offices, departments, and instrumentalities of the state government and their respective functions, powers, and duties shall be allocated among and within the following principa…

§26-40 REPEALED. L 1988, c 129, §1.

§26-41 Temporary boards and commissions. The governor may establish such temporary boards and commissions as the governor may deem necessary to gather information or furnish advice for the executive branch. The governor may prescribe their organization, functions and authority. A…

§26-5 Department of human resources development. (a) The department of human resources development shall be headed by a single executive to be known as the director of human resources development. The director shall: (b) The department shall administer the state human resources p…

PART III. SALARIES, CERTAIN STATE OFFICERS §26-51 Governor; lieutenant governor. Effective at noon on December 4, 2006, the salaries of the governor and the lieutenant governor shall be as last recommended by the executive salary commission. Effective July 1, 2007, and every six …

§26-53 Deputies or assistants to department heads. Effective July 1, 2004, the salaries of deputies or assistants to the head of any department of the State, other than the department of education, shall be within the range or ranges for the specific positions as last recommended…

§26-54 Administrative director of the State. Effective July 1, 2004, the salary of the administrative director of the State shall be as last recommended by the executive salary commission. Effective July 1, 2007, and every six years thereafter, the salary of the administrative di…

§26-55 REPEALED. L 2006, c 299, §11.

§26-56 Commission on salaries. (a) Pursuant to article XVI, section 3.5, of the Constitution of the State of Hawaii, there is established a commission on salaries within the department of human resources development, for administrative purposes only. The commission shall consist …

§26-6 Department of accounting and general services. (a) The department of accounting and general services shall be headed by a single executive to be known as the comptroller. (b) The department shall: For the purposes of this subsection: "Light-duty motor vehicle" has the same …

[Part IV.] Early learning §26-61 Benchmarks; duties. (a) The department of human services and the executive office on early learning shall ensure access to learning through preschool programs that meet or exceed the following benchmarks: The department of human services and the e…

§26-7 Department of the attorney general. The department of the attorney general shall be headed by a single executive to be known as the attorney general. The department shall administer and render state legal services, including furnishing of written legal opinions to the gover…

§26-8 Department of budget and finance. (a) The department of budget and finance shall be headed by a single executive to be known as the director of finance. (b) The department shall: (c) The functions and authority heretofore exercised by the bureau of the budget (except for in…